Hon’ble Vijay Kumar Verma, J.—This 2nd bail application has been moved on behalf of the appellant-accused Rajveer, who has been convicted under Section 302 read with Section 34, IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,50,000/- by the judgment and order dated 23.11.2007, passed by the Additional Sessions Judge, Court No. 4, Ghaziabad, in S.T. No. 291 of 1997 (State v. Dharampal and others). By the same judgment the appellants Dharampal and Sudhir were also convicted and sentenced as mentioned above.

2. 1st bail application of all the appellants was considered by a Division Bench, in which one of us (Vijay Kumar Verma, J.) was a member vide order dated 13.2.2008, whereby the appellants Dharampal and Sudhir were admitted to bail, but the prayer for bail of the applicant-appellant Rajveer was rejected.

3. We have heard Sri D.N. Wali, learned Senior Advocate, assisted by Sri Lov Srivastava Advocate appearing for the appellant-applicant, Sri V.K. Mishra learned Additional Government Advocate for the State and perused the record.

4. Before coming to the arguments advanced by the parties counsel on the second bail application, we would like to ref